I was employed by a well-known hotel in March this year, but resigned after finding another job. I had not completed my probation period and, according to my contract, could give just one day's notice during this time. My manager didn't sign it at the time and told me I had to come into work the next week, even though I told him I urgently needed to return to my home country for a few days to sort out some problems. I was told that I was not allowed to do this and the company might ban me from returning. He eventually accepted the resignation letter and I was paid my final salary, but it was short by Dh2,600. I was told this was to compensate them for the cost of recruitment fees. When I queried this, I was told to make a complaint if I didn't like it. I am scared to do this as I don't want an employment ban. What can I do? IK, Dubai
It is quite clear under UAE law (per Ministerial order 52 of 1989, Article 6) that a company is not permitted to reclaim the cost of employing someone from that person should they leave. Generally a person needs to be with the same employer for two years to avoid a ban, but this can be shortened to one year if the employee has a bachelor’s degree or higher and a salary above a specified level. Such a ban is not often applied if a person leaves within the notice period, but I recommend that IK contacts the Ministry of Labour for specific advice.
Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 years experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice.
Follow us on Twitter @TheNationalPF
